Case Studies

Case Update: Contractual terms included in the Staff Handbook

Department for Transport v Sparks & Ors In this case, the Court of Appeal (CA) was required to determine whether an absence management policy in a staff handbook was a contractual term between the employer (the Department for Transport), and the employees. The facts In this case, seven claimants were employed by different agencies of […]

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Tribunal claim that exposes the myths of employment status

At Chartergates we are at the forefront of the employment status discussion by representing our clients on a daily basis in the tax and employment tribunals.  We don’t generally make a habit of commenting on the cases we undertake for our clients but a recent employment tribunal victory of ours is of particular interest.  The […]

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Employment Status

The Facts: An umbrella company engaged some construction workers under contracts for services. Subcontractors all agreed and signed written contracts. The subcontractors provided services on a site owned and operated by the umbrella company’s client. The umbrella company had no involvement in the day to day activities of the subcontractors, did not monitor the subcontractor’s […]

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Operation of the Construction Industry Scheme

The Facts: A building contractor received a notice from HMRC that they wanted to carry out a routine inspection. The contractor was using a number of different subcontractors on their sites to provide them with labour, plant and materials. The subcontractors did not all have gross payment and they itemised on their invoices to the […]

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TUPE, or not TUPE? That is the Question

The Facts: A courier company won a tender to provide delivery services to a new client. In doing so the previous service provider (PS) lost the contract. PS engaged in courier services for the client both in the UK and in mainland Europe. PS lost the entire contract. The courier company that had won the […]

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